NEUTRALITY IN CONFLICT MEDIATION PROCESS

Authors

  • Syaiful Anam

DOI:

https://doi.org/10.21111/dauliyah.v5i2.4649

Keywords:

Mediation, , Neutrality, Conflict Sefllement, Parties

Abstract

In conflict mediation understanding the concept and mastering the skill of neutrality is perceived as essential. Despite as a fundamental and core principle in mediation, it has been a debate among mediators upon the outcome of the mediation itself. This principle puts mediator as facilitator who would not influence or be partial over the parties. Indeed, mediators highly respect on aspirations and demands of the parties by creating an acceptable procedural framework which enables disputants to achieve their goals fairly. Nevertheless it is practically an arduous principle and inapplicable. In addition, neutrality is not a stipulation for a successful mediation; rather, mediators need to and should be partial and biased in some cases. This article, therefore, is aimed to examine the problems revolve around the issues of neutrality in mediation process.

References

Astor, H 2007, ‘Mediator neutrality: making sense of theory and practice’, 16 (2) Social & Legal Studies, 221-239.

Boulle, L 2001, Mediation-skills and techniques, Buterworth, Australia. Cobb, S & Riflin, J 1991, ‘Practice and Paradox: Deconstructing Neutrality in Mediation’ Law and Social Inquiry, 16 (1): 35-62.

Da Silveira, MA 2007, ‘Impartiality v. Substantive Neutrality: Is the mediator authorized the legal advice?’, Dispute resolution journal, 26-33.

Erickson, SK & McKnight, MS 2001, The practitioner’s guide to mediation: a client-centered approach, John Wiley & Sons, Canada.

Hoglund, K & Svensson, I 2008, ‘Damned if you do, and damned if you don‘t: Nordic involvement and images of third-party neutrality in Sri Lanka’ International Negotiation Vol. 13 (3) PP. 341-364

Jackson, R & Bercovitch, J 2009, Conflict resolution in the twenty-first century: principles, methods, and approaches, The Michigan University Press, USA.

Miall, H, Woodhouse, T & Ramsbotham, O 2011, Contemporary

Conflict Resolution, Polity Press, Cambridge UK.

Mulcahy, L 2001, ‘The Possibilities and Desirability of Mediator Neutrality - Towards an Ethic of Partiality?, Social & Legal Studies 10(4): 505-527.

Savolainen, M & Herrberg, A 2009, What is a good mediator?, IFP Mediation Cluster, Crisis Managament Initiative, viewed

June 2012,

Svensson, I. 2009, Who Brings Which Peace? Neutral versus Biased Mediation and Institutional Peace Arrangements in Civil Wars’, Journal of Conflict Resolution 53(3): 446-469.

Wehr, P & Lederach, J 1991 ‘Resolving international conflicts: the theory and practice of mediation’, Studies in international politics., (Boulder, Colo.: Lynne Rienner, 1996), [Chapter 3: Mediating conflict in Central America.]

Downloads

Published

2020-07-20